Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-30

and had conversation with concerning
Jacob Baxter in jail, sometime afterward,
but would not say it was Newman,
who was here pointed out to him.
Doverer here attempted to refresh
the memory of witness by calling his at
tention to his evidence before the grand
jury at the time Newman was indicted,
and placing the notes of the clerk of the
grand jury in his hands for that purpose,
which was objected to; which objection
was overruled and the notes placed in the
hands of the witness; said that he did not
recollect of saying before the grand jury
that he knew John Newman. The follow
Ing is the language of the witness before
the grand jury: That he bad met John
NJ. Newman in Proctor with 4 gun last
May or June, and he asked him about
trading horses; also asked him what he
would take for his gun, when Newman
said he would not sell or trade il, IS he
wanted it to kill Jake Baxter" The wit
ness was retired for the present
Isaac Nice was next called, aud testified
that he knew JnO NJ. Newman when he
saw him; that he met him little over
year before the death of Jacob Baxter on
Proctor Creek between Marion Moore's
and Nuzum's Mills, in which he said that
he blamed Jacob Baxter with burning his
barn and wheat and that he intended TO
kill Jacob Baxter the first time he had a
chance.
Cross-examined by Colonel Arnett: wit
ness said that the barn had been burned
fifteen or sixteen years before this time;
col ai. aN 4 ha
that they were at first talking about tra-
ding horses and Newman abruptly changed
the conversation to his troubles; WAS going
home from mill; told a man by the name
of Montgomery about n conversation with
Newmrn; this was after the Baxter muir.
der; that he had no i'll feeling toward
Newman; Montgomery's wife, two SONS
and another pSrsOn he did not know were
present; the conversation with Montgom-
cry took place at his supper table the day
after Bakers death.
Mrs. Elizabeth Baxter, the mother Of
Jacob was then introduced and testified
that she had a conversation with John
Newman, at Newdale, concerning the
burning of Newman's wheat; asked him
how his mother was; and corn that had
DtCu uGSuONtu ny Cil(It' dSkcu ulLu
about the burning of his wheat; he said
he had over seven hundred dozen; We then
commenced talking about his shooting
Charley Smith and said TO him
she was very sorry such thing had oc-
Cured; Newman said he wanted to shoot
some more; Charles Smith was working
for my son Jacob at this time; never told
Jacob about the conversation; knew Mis-
souri, Hall.
Missouri Hall was next called and tes-
tilted that she knew John Newman;
worked at Jack Lemons in the spring of
lSS6: Lemons is a brOther-in-law of John
Newman; Newman came there in August,
1856 for wheat; Newman said he had shot
Charley Smith with the intention ofkilling
him, and that If they did not watch ont
some Others wonld be SHOT; he was talking
TO his sister, Mrs. Lemons at the time and
she was trying to get him to do better.
Cross examined; witness said no one was
present except Newman, Mrs. Lemons and
myself: it was between nine and ten
o'clock; conversation occurred in the
kitchen.
Court adjourned until Monday morning.